U.S. Code » Title 48 » CHAPTER 8A— GUAM › SUBCHAPTER I— GENERAL PROVISIONS

48 U.S.C. § 1421b

Bill of rights

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(a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances.(b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.(c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.(d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself.(e) No person shall be deprived of life, liberty, or property without due process of law.(f) Private property shall not be taken for public use without just compensation.(g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.(h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.(i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam.(j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.(k) No person shall be imprisoned for debt.(l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it.(m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter.(n) No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.(o) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court.(p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.(q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited.(r) There shall be compulsory education for all children, between the ages of six and sixteen years.(s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam.(t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam.(u) The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments.

All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.

(Aug. 1, 1950, ch. 512, § 5, 64 Stat. 385; Pub. L. 90–497, § 10, Sept. 11, 1968, 82 Stat. 847.)Editorial NotesAmendments

1968—Subsec. (u). Pub. L. 90–497 added subsec. (u).

Statutory Notes and Related SubsidiariesEffective Date of 1968 Amendment

Pub. L. 90–497, § 10, Sept. 11, 1968, 82 Stat. 847, provided that the amendment made by that section is effective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968.

Notes of Decisions
Cited in 64 cases (26 in the last 5 years), 1953–2026 · leading case: People of Guam v. Benny Toves Guerrero, 290 F.3d 1210 (9th Cir. 2002).
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People of Guam v. Benny Toves Guerrero, 290 F.3d 1210 (9th Cir. 2002). · cites it 5× “, which, inter alia, established a “Bill of Rights” modeled after the Bill of Rights in the federal Constitution, 48 U.S.C. § 1421b. 6 The language of the Free Exercise Clause of the Organic Act, 48 U.”
United States v. Drake, 543 F.3d 1080 (9th Cir. 2008). · cites it 4× “48 U.S.C. § 1421b. The language of the Speedy Trial Clause in the Organic Act tracks its federal counterpart almost exactly.”
Rea Paeste v. Gov't of Guam, 798 F.3d 1228 (9th Cir. 2015). · cites it 3× “See also 48 U.S.C. § 1421b(n) (“No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.”
Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019). · cites it 2× “See 48 U.S.C. § 1421b(u). DAVIS V. GUAM 7 taken no affirmative steps to preserve or acquire foreign nationality.”
Arnold Davis v. Guam, 785 F.3d 1311 (9th Cir. 2015). · cites it 4× “, 48 U.S.C. § 1421b(n). The Voting Rights Act applies to Guam, a U.”
Ngiraingas v. Sanchez, 495 U.S. 182 (1990). · cites it 2× “See 48 U. S. C. § 1421b(u) (1982 ed.). [9] Even if the Eleventh *203 Amendment reflects a common-law principle of state sovereign immunity against actions in federal court — a view I do not accept, see Atascadero State Hospital v.”
Murrell v. People, 54 V.I. 338 (V.I. 2010). “§ 1406 , numerous examples exist of Congress conferring, through a territory’s organic act or constitution, rights that are greater than those afforded by the United States Constitution. For example, the Guam Organic Act guarantees the right to compulsory education for chil *352…”
Vicente Crawford v. A. B. Won Pat Intl. Airport, 917 F.3d 1081 (9th Cir. 2019). “defined by existing rules or understandings Fourteenth Amendment applies to Guam, pursuant to 48 U.S.C. § 1421b(u). CRAWFORD V. A.B. WON PAT INT’L AIRPORT AUTH.”
People of Guam v. Danilo Santos Morales, 2016 Guam 9 (Guam 2022). “VI; 48 U.S.C.A. § 1421b(g), (u) (Westlaw through Pub.”
In re Request of Lourdes A. Leon Guerrero, I Maga'Hågan Guåhan, Relative to the Validity & Enforceability of Pub. Law No. 20-134, 2023 Guam 11 (Guam 2023). “See 48 U.S.C. § 1421b (1988). To avoid rendering the language in § 1423a mere surplusage, that language must do more than simply allow for the enjoining of laws passed by the Guam Legislature that are in violation of the rights made applicable by § 1421b.”
Gov't of the Virgin Islands v. Salvador Santiago Ortiz, Jr., 427 F.2d 1043 (3d Cir. 1970). · cites it 2× “See 48 U.S.C. § 1421b (1964) and 48 U.S.C. § 1421b (Supp.”
People of Guam v. Weser Wesen (aka Weser Weson aka Weson Weson), 2022 Guam 18 (Guam 2022). “But even if we assume there was a variance, and the variance was erroneous, it was not plainly erroneous—Wesen’s substantial rights were not affected by the alleged error.”
Show all 64 citing cases →
48 U.S.C. § 1421b(a): 5 cases
People of Guam v. Benny Toves Guerrero, 290 F.3d 1210 (9th Cir. 2002). “, which, inter alia, established a “Bill of Rights” modeled after the Bill of Rights in the federal Constitution, 48 U.S.C. § 1421b. 6 The language of the Free Exercise Clause of the Organic Act, 48 U.”
Pilar Laguana v. Guam Visitors Bureau Its Bd. of Directors & Ricardo J. Bordallo, 725 F.2d 519 (9th Cir. 1984).
Mark C. Charfauros v. Civil Serv. Comm'n, 2022 Guam 19 (Guam 2022).
People of Guam v. Eligio Adriatico (Guam 2024).
Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023).
48 U.S.C. § 1421b(c): 5 cases
United States v. Drake, 543 F.3d 1080 (9th Cir. 2008). “48 U.S.C. § 1421b. The language of the Speedy Trial Clause in the Organic Act tracks its federal counterpart almost exactly.”
Barusch v. Calvo, 685 F.2d 1199 (9th Cir. 1982).
People of Guam v. Erty Yerten, 2021 Guam 8 (Guam 2021).
People of Guam v. Joseph Quichocho Taimanglo II (aka Joseph Quichocho Taimanglo; aka Baby Joe; aka Joseph Quintanilla Taimanglo II), 2025 Guam 7 (Guam 2025).
United States v. Drake, No. 06-10073 (9th Cir. Sept. 15, 2008).
48 U.S.C. § 1421b(d): 2 cases
People of Guam v. Louis Anthony Vargas, 2026 Guam 1 (Guam 2026).
People of Guam v. Joseph Marc Thomas Duenas Castro, Jr., 2025 Guam 9 (Guam 2025).
48 U.S.C. § 1421b(e): 5 cases
United States v. Drake, 543 F.3d 1080 (9th Cir. 2008). “48 U.S.C. § 1421b. The language of the Speedy Trial Clause in the Organic Act tracks its federal counterpart almost exactly.”
Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023).
Linsangan v. United States, No. 1:19-cv-00145 (D. Guam Dec. 19, 2019).
Philips v. Berman, No. 1:23-cv-00017 (D. Guam Apr. 4, 2024).
United States v. Drake, No. 06-10073 (9th Cir. Sept. 15, 2008).
48 U.S.C. § 1421b(f): 3 cases
Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023).
In re W. Sales Trading Co. v. GenPro Int'l, Inc. (Guam), & FPD Food Int'l Inc. a.k.a. 7D Food Int'l, Inc., Real Party in Interest-Appellee, 2021 Guam 7 (Guam 2021).
Hanson Permanente Cement of Guam, Inc. v. Port Auth. of Guam, No. 1:01-cv-00005 (D. Guam May 6, 2005).
48 U.S.C. § 1421b(g): 11 cases
People of Guam v. Danilo Santos Morales, 2016 Guam 9 (Guam 2022). “VI; 48 U.S.C.A. § 1421b(g), (u) (Westlaw through Pub.”
United States v. Drake, 543 F.3d 1080 (9th Cir. 2008). “48 U.S.C. § 1421b. The language of the Speedy Trial Clause in the Organic Act tracks its federal counterpart almost exactly.”
People v. Mendiola, 2023 Guam 12 (Guam 2023).
People of Guam v. Dwayne Piyelit, 2022 Guam 16 (Guam 2022).
People of Guam v. Louis Anthony Vargas, 2024 Guam 1 (Guam 2024).
48 U.S.C. § 1421b(h): 1 case
People of Guam v. Eligio Adriatico (Guam 2024).
48 U.S.C. § 1421b(n): 5 cases
Arnold Davis v. Guam, 785 F.3d 1311 (9th Cir. 2015). “, 48 U.S.C. § 1421b(n). The Voting Rights Act applies to Guam, a U.”
Rea Paeste v. Gov't of Guam, 798 F.3d 1228 (9th Cir. 2015). “See also 48 U.S.C. § 1421b(n) (“No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.”
Guam Power Auth. v. Bishop of Guam, 383 F. Supp. 476 (D. Guam 1974).
Attorney Gen. of Guam ex rel. All U.S. Citizens Residing in Guam v. United States, 738 F.2d 1017 (9th Cir. 1984).
Law Offices of Phillips & Bordallo, P.C. v. Leon Guerrero, No. 1:22-cv-00020 (D. Guam Aug. 9, 2023).
48 U.S.C. § 1421b(r): 1 case
Murrell v. People, 54 V.I. 338 (V.I. 2010). “§ 1406 , numerous examples exist of Congress conferring, through a territory’s organic act or constitution, rights that are greater than those afforded by the United States Constitution. For example, the Guam Organic Act guarantees the right to compulsory education for chil *352…”
48 U.S.C. § 1421b(u): 32 cases
People of Guam v. Benny Toves Guerrero, 290 F.3d 1210 (9th Cir. 2002). “, which, inter alia, established a “Bill of Rights” modeled after the Bill of Rights in the federal Constitution, 48 U.S.C. § 1421b. 6 The language of the Free Exercise Clause of the Organic Act, 48 U.”
Arnold Davis v. Guam, 932 F.3d 822 (9th Cir. 2019). “See 48 U.S.C. § 1421b(u). DAVIS V. GUAM 7 taken no affirmative steps to preserve or acquire foreign nationality.”
Ngiraingas v. Sanchez, 495 U.S. 182 (1990). “See 48 U. S. C. § 1421b(u) (1982 ed.). [9] Even if the Eleventh *203 Amendment reflects a common-law principle of state sovereign immunity against actions in federal court — a view I do not accept, see Atascadero State Hospital v.”
Rea Paeste v. Gov't of Guam, 798 F.3d 1228 (9th Cir. 2015). “See also 48 U.S.C. § 1421b(n) (“No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied.”
Arnold Davis v. Guam, 785 F.3d 1311 (9th Cir. 2015). “, 48 U.S.C. § 1421b(n). The Voting Rights Act applies to Guam, a U.”
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